The Supreme Court on Monday agreed to urgently hear, perhaps as early as Tuesday, a petition filed by Ashoka University professor Ali Khan Mahmudabad challenging his arrest over a Facebook post following Operation Sindoor, India’s military strikes on terror hubs in Pakistan and Pakistan-occupied Kashmir.
The professor, who is head of the political science department at the University, was arrested on Sunday by the Haryana police pursuant to two complaints, including one by the Haryana State Commission for Women. The complaints, most people admit, seem to be a complete misreading of his post, which does not say anything critical about Operation Sindoor or the two women military officers who, on several occasions, briefed the media on it.
Appearing for the professor, senior advocate Kapil Sibal mentioned the matter for urgent listing before Chief Justice of India (CJI) Bhushan R Gavai. Sibal said, “A professor at Ashoka University has been proceeded against entirely for patriotic comments. I want the matter to be listed urgently.”
The CJI directed that it be listed wither for Tuesday or Wednesday. The top court’s intervention comes amid outrage over the action of the Haryana police after Mahmudabad was arrested from his home in New Delhi,and taken to Sonipat. The Haryana police’s alacrity contrasts strongly with the inaction of the Madhya Pradesh police which has been slow to investigate comments by a state minister, Vijay Shah that communalised the involvement of Col. Sofiya Qureshi, one of the women officers, in the briefings. On Monday, the court dismissed the minister’s apology and ordered the creation of a Special Investigation Team headed by a woman officer to investigate the matter.
An excerpt from Mahmudabad’s social media post said, “I am very happy to see so many right-wing commentators applauding Colonel Sophia Qureshi, but perhaps they could also equally loudly demand that the victims of mob lynchings, arbitrary bulldozing, and others who are victims of the BJP’s hate mongering be protected as Indian citizens. The optics of two women soldiers presenting their findings is important, but optics must translate to reality on the ground, otherwise it’s just hypocrisy.”
In a notice, the commission claimed that his remarks undermined women officers in the Indian armed forces and fomented communal discord.
The Haryana police claimed that it received two complaints, one from Renu Bhatia, the chairperson of Haryana State Commission for Women, and the other from the sarpanch of Jatheri village. Based on the complaints, the police registered two FIRs at the Rai police station in Sonepat under Bharatiya Nyaya Sanhita (BNS_ sections 152 (acts endangering sovereignty or unity and integrity of India), 353 (statements conducing to public mischief), 79 (deliberate actions aimed at insulting the modesty of a woman) and 196 (1) (promoting enmity between different groups on grounds of religion).’
Following his arrest, the faculty association of Ashoka University condemned Mahmudabad’s arrest. Issuing a statement, the association said, “We condemn the calculated harassment to which Professor Mahmudabad has been subjected: after being arrested early in the morning from his home in New Delhi, he was taken to Sonipat, not allowed access to necessary medication, and driven around for hours without any communication about his whereabouts.”
The faculty of Ashoka University vowed their support for their colleague, whom they called an invaluable member of the university community, a deeply responsible citizen, and a friend to his students.
“Professor Mahmudabad is well-versed in diverse literary and linguistic traditions and is a widely acclaimed expert and scholar of history and political science in South Asia and beyond. In all of his writing, both for academic and wider public fora, he has emphasized the importance of justice, pluralism, and solidarity, and has always advocated a profound respect for Constitutional values and morality,” the association added.